CONCORD — The families of four children with disabilities have filed a lawsuit against the Floyd I. Marchus School alleging its teachers and staff restrained students in an “illegal and abusive” way.

According to the lawsuit, filed this week in Contra Costa County Superior Court, four elementary-age students were repeatedly put in “abusive” and “dangerous” restraints. The students also were thrown against the wall or “pressed into the floor” and routinely placed in isolation as a form of punishment, the suit alleges.

In one case, a student was placed in a “floor restraint” that involved two adults holding each leg, the suit says, adding that a staff member refused to release her and increased pressure as she yelled that it was hurting her.

“The principal was so disturbed by these events that he experienced a panic attack and 911 was called,” the lawsuit states.

Another student was “cowering in a corner” when she was picked up and slammed against a wall by a teacher and another staff member, who then pulled her legs apart and bent her head toward the floor in a hold, apparently as punishment for throwing a half-empty water bottle near a Marchus staff member, according to the lawsuit.

“Marchus’ staff continued the restraint, even though (the student) repeatedly exclaimed that she was in pain and could not breathe,” the lawsuit says. The student at the time was less than four and a half feet tall and weighed 72.5 pounds.

A different student was sent to a “support room” for two hours for “disrupting” the class and being “disrespectful” and “non-compliant.” That student was forced to write “I will follow directions” 100 times — a particular challenge because she suffers from dysgraphia, according to the suit.

Marchus School has about 85 students in elementary, middle and high school grades. Most of those students have emotional or behavioral needs and are referred to Marchus from 16 school districts in the county. The school is overseen by the Contra Costa County Office of Education.

The principal of the school, Matt Bennett, did not immediately answer requests for comment.

Terry Koehne, a spokesman for the Contra Costa County Office of Education, would not comment specifically about the lawsuit’s allegations but said teachers and staff there are “extensively” trained under the Crisis Prevention Institute about what types of physical contact they can and cannot use with students and have been aware of recent changes in the law that calls for restraint to be used only in emergency situations, such as if a student is causing harm to himself or herself or to others.

“Our staff members are extremely committed to providing the best care for our students and are trained extensively on how to deal with the intense behavioral and emotional support needs of our students,” Koehne said.

The lawsuit also claims that Marchus has failed to properly assess students for learning disabilities and provide the proper individual support.

Koehne said all students assessed and given an education plan and support, in accordance with their individualized plan.

In addition to the complaints by the four students, the lawsuit alleges Marchus has not accurately reported many of its behavioral interventions, including restraints or seclusion of students.

“The trauma Marchus students have suffered prevents them from learning and otherwise engaging in their education,” the lawsuit states. “And every minute that Marchus restrains or secludes students is a minute that Marchus denies the students access to the classroom and learning.”

The Disability Rights Education and Defense Fund, along with pro-bono firm Public Counsel, are representing the families in the lawsuit, which was also filed against the state of California and the Contra Costa County Office of Education and Board of Education.

The lawsuit alleges the state failed in its capacity to oversee appropriate practices at the school. In what the Disability Rights Education and Defense Fund has called the first class action brought in California state court against the use of restraints and seclusion, the complaint seeks declaratory and injunctive relief, as well as compensatory relief for the physical and emotional harm suffered by the four students, as well as statutory damages under the Unruh Civil Rights Act and Tom Bane Civil Rights Act.

While she was not aware of any criminal complaints associated with the abuse alleged, Disability Rights Education and Defense Fund’s directing attorney Arlene Mayerson said the civil lawsuit stems from multiple complaints that staff there had heard from parents and others about Marchus.

She confirmed that three of the four students are still at the school, partly because they have nowhere else to go. Many students there came to Marchus from traditional schools to get support for behavioral needs.

“Many of these students are disabled, and many have had some trauma in their lives,” Mayerson said. “What’s upsetting is that they go to these schools as a safe haven, and when they experience restraint — these are elementary school children — it’s extremely traumatizing.”

A 2014 report from the U.S. Department of Education found that students with disabilities made up more than half of those placed in seclusion nationwide, and 75 percent of those were subjected to physical restraint. A report from the U.S. Government Accountability Office in 2009 found at least 20 cases across the country in which restrained kids ended up dying

The U.S. Department of Education early this year announced it’s launching an initiative to address “inappropriate” restraint and seclusion at schools.

Annie Sciacca joined the Bay Area News Group in 2016 and covers Contra Costa County. She has written for Bay Area newspapers and magazines on topics including business, politics, economics, education, crime and public safety. Have a tip? Reach Annie at 925-943-8073 or by email at asciacca@bayareanewsgroup.com. You can also send her an encrypted text on Signal at 925-482-7958.

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